MALTA SRIVASTAVA Vs. UTTAR PRADESH PUBLIC SERVICE TRIBUNAL

JUDGEMENT

(1.) THIS writ petition Under Article 226 of the Constitution of India has been filed by the Petitioner praying for a writ, order or direction including the writ of certiorari quashing the orders dated 3.1.1973, 9.7.1976, 16.9.1976 and 4.2.1980 and a writ of mandamus directing the Respondents to make payment of the salary In the pay scale available to the Head Mistress of a Junior High School.

(2.) FROM the facts stated In writ petition and other material on record, it appears that on 2.8.63, the Petitioner was appointed as Assistant Teacher in the primary school, which was established and managed by Municipal Board, Ballia. Thereafter on 1.8.64, she was promoted as Head Mistress of the said primary school. She worked In the said capacity till 11.2.71 when primary school was upgraded as the Junior High School and was named as India Kanya Junior High School. Vide letter dated 12.2.72 the Petitioner was authorised to work as Head Mistress of the said Junior High School by the Education Superintendent. The said appointment was subject to the resolution, if any, passed by the committee of management of the school. It was on 13.3.72, the meeting of selection committee was held and the Petitioner was selected for appointment as Head Mistress of the aforesaid Junior High School temporarily. Copies of the proceedings are contained In Annexure C.A. - I to the counter affidavit. After the Petitioner was selected for appointment as Head Mistress of the said Junior High School, the President of Municipal Board issued the letter of appointment which is contained as Annexure -2 in the writ petition. In the letter of appointment, it was stated that till the appointment of Petitioner is approved by the Deputy Director of Education, the Petitioner is entitled to the salary in the pay scale prescribed for an assistant teacher of a Junior High School. Since the date of her appointment as Head Mistress, the Petitioner has been performing her duties and since then the Petitioner has been insisting upon the payment of salary in the pay scale prescribed for the Junior High School Teachers. Fact remains that till today, neither the approval has been granted by the Deputy Director of Education to her appointment as Head Mistress nor her services were terminated nor she was reverted from the post of Head Mistress to the post of Assistant Teacher and she has been performing duties as such. It was Under the said circumstances that the Petitioner filed claim petition No. 1309/1/76 before the Respondent No. 1 and prayed for injunction against the opposite parties restraining them from harassing or causing harm to the Petitioner and for declaration of the letter No. 20/76/77 dated 16.9.76 as illegal and void and for order or direction for payment of her salary of the post of Head Mistress.

(3.) THE Petitioner as stated above has challenged the validity of the order dated 4.2.80.